Challenge Terms And Conditions

Version 1.0.1 - Last Updated 28th March 2010

This page, together with the documents referred to on it, tells you the terms under which we organise challenges.

1.1. These terms apply to bookings made on our website. Additional terms apply if you make a payment.

1.2. By booking a challenge on our website you accept and agree to be bound by these terms.

1.3. You should print a copy of these terms for future reference.

1.4. Please click on the button marked "I Accept" at the end of these terms if you accept and agree to them. If you refuse to accept these terms you will not be able to book a challenge on our website.

1.5. Before booking a challenge you should:

1. make sure that your personal details are complete and accurate;
2. read and understand these terms.

1.6. You will be bound by these terms once a contract comes into existence between you and us.

1.7. A contract will come into existence between you and us as set out in the How The Contract Is Formed Between You And Us section below.

1.8. English is the only language in which this contract may be concluded.

1.9. The contract will be stored by us and may be accessed by you, and downloaded in a durable medium, within the Account section of our website.

1.10. Headings do not affect the interpretation of these terms.

Definitions

2.1. By "our website" we mean http://www.chooseachallenge.com, any sub folders of http://www.chooseachallenge.com and any domain names which we own which forward to http://www.chooseachallenge.com or which forward to any sub folders of http://www.chooseachallenge.com.

2.2. By "us", "we" and "our" we mean Smith Ellison Ltd.

2.3. By "terms" we mean these Challenge Terms And Conditions, our Registered User Terms and Conditions, our General Terms of Website Use, our Privacy Policy and any rules, guidelines or other supplementary documentation provided to you at the time of your booking.

2.4. By "durable medium" we mean any instrument which enables you to store information addressed personally to you in a way accessible for future reference for a period of time adequate for the purposes of the information stored and allows the unchanged reproduction of the information stored. The durable medium we use is PDF (Portable Document Format). The terms which you have agreed to are accessible in the Account part of our website.

2.5. By "our serviced countries" we mean the United Kingdom, Jersey and the United States of America.

2.6. By "self funded" we mean as set out in the Self Funded section of our Payment Policy.

2.7. By "sponsorship funded" we mean as set out in the Sponsorship Funded section of our Payment Policy.

2.8. By "individual challenge" we mean a challenge which is not hosted as an event. These are listed in the Individual Challenge section of our website.

2.9. By "group challenge" we mean a challenge which is hosted as an event. These are listed in the Group Challenge section of our website.

2.10. By "sponsorship requirement" we mean a minimum amount of sponsorship which you are required to raise by the sponsorship deadline in order to qualify for a sponsorship funded challenge. Please read the Sponsorship Funded section of our Payment Policy for more details.

2.11. By "sponsorship deadline" we mean 14 days before the date of your challenge.

2.12. By "force majeure event" we mean as set out in clause 17.

Our Information

3.1. Our company name is Smith Ellison Ltd.

3.2. We are registered in England and Wales under company number 06933942.

3.3. Our trading name is Choose a Challenge.

3.4. Our website is http://www.chooseachallenge.com.

3.5. Our registered office is at 33 Poplar Close, Brandon Groves, South Ockendon, Essex, RM15 6TU, United Kingdom.

3.6. Our VAT number is 983 8602 77.

3.7. We are a limited company.

3.8. We are a member of the Fundraising Standards Board (FRSB).

3.9. We are a Corporate Member of the Institute of Fundraising (IoF).

Service Availability

4.1. Our website is only intended for use by people resident in one of our serviced countries.

4.2. We do not accept bookings that are made from outside of one of our serviced countries.

Your Status

5.1. By booking a challenge through our website, you warrant that:

1. you are legally capable of entering into binding contracts;
2. you are resident in one of our serviced countries;
3. you are using our website from within one of our serviced countries.

5.2. You must be at least 18 years of age to book a challenge.

5.3. If you are not legally capable of entering into binding contracts or not at least 18 years of age then we may, acting lawfully, either refuse to accept your booking or require your parent or guardian to contract on your behalf or provide any appropriate consent.

How The Contract Is Formed Between You And Us

6.1. After booking a challenge, you will receive an email from us acknowledging that we have received your booking. This does not mean that your booking has been accepted.

6.2. We do not have to accept your booking. We will act in accordance with the law when deciding whether or not to accept your booking.

6.3. Your booking constitutes an offer to us to organise a challenge.

6.4. All bookings are subject to acceptance by us. We confirm our acceptance to you by sending you a booking confirmation email that confirms that the booking has been made.

6.5. The contract is formed between you and us when we send you the booking confirmation.

Our Status

7.1. Sometimes, we accept bookings as agents on behalf of third parties. The resulting legal contract is between you and that third party. It is subject to the terms and conditions of that third party. The third party will advise you of their terms and conditions directly. You should carefully review the third party terms and conditions which apply to your booking.

7.2. In the case of skydiving, we only use skydiving locations which are affiliated to and work in accordance with the British Parachute Association's (BPA) rules and regulations. The responsibility for all skydiving activities rests solely with the skydiving location not us. Any queries or complaints in connection with skydiving should be addressed to the skydiving location concerned. You must comply with the skydiving location's rules at all times. You agree to carry out the skydive and all associated training strictly in accordance with the instruction provided to you by the BPA qualified instructors at the skydiving location at which we have arranged your challenge.

Payment Methods

8.1. There are two payment methods offered by us:

1. self funded;
2. sponsorship funded.

8.2. Please read the Payment Method section, Self Funded section and Sponsorship Funded section within our Payment Policy for more details.

Challenge Costs

9.1. Challenge costs may change at any time, but changes will not affect bookings in respect of which we have already sent you a booking confirmation.

9.2. For individual challenges and group challenges, the total challenge costs (administration fee + registration fee + deposit + balance) include:

1. VAT where applicable;
2. carbon offsetting;
3. event participation;
4. any other explicitly specified products.

9.3. For skydiving challenges, the total challenge costs also include BPA 'Third Party Legal Liability' and 'Death and Critical Injury' Insurance. Please read the Risk And Insurance section below.

9.4. Except for group challenges where explicitly specified, the total challenge costs exclude:

1. travel costs and expenses;
2. accommodation costs and expenses.

9.5. For individual challenges and group challenges, the total challenge costs exclude costs and expenses associated with any additional steps you may have to take in order to take part in a challenge. For example, getting a medical report or other approval.

9.6. For individual challenges and group challenges, you are responsible for meeting all of the additional costs and expenses including those outlined in 9.4 and 9.5.

9.7. Some of our challenges are provided by third party challenge providers. If you book a challenge which is provided by third party challenge provider and that third party challenge provider is not VAT registered then no VAT will be charged to you for their services. In this case, for tax purposes, their services will be classed as disbursements. In this case their services are being purchased for your use. We are acting as your agent and you agree, and give your permission, for us to arrange and pay for their services on your behalf. The whole charge for their services will be passed to you, without adding anything, as a separate item on your receipt. The item will be clearly identified as a disbursement.

Refunds, Cancellations And Consequences Of Cancellations

10.1. You are given the opportunity to check your booking and cancel it or amend its content prior to its final submission to us.

10.2. An email receipt will be sent from us to you via email once your transaction is authorised.

10.3. A booking confirmation will also be sent from us to you via email once your booking is confirmed.

10.4. Except in the case of goods (see clauses 10.6., 10.7. and 10.8.), you have a 7 day cooling off period, beginning the day after your transaction, to request a refund.

10.5. After this 7 day cooling off period has elapsed you agree that we may begin to organise your challenge and provide our services immediately. Once we have issued a booking confirmation, provided you with a copy of these terms in a durable medium and begun to provide our services you may not cancel or amend our contract and you will lose any cancellation rights which you may have had under the Consumer Protection (Distance Selling) Regulations 2000. This does not affect your other statutory rights and you may still cancel our contract where you are legally entitled to do so, for example because of our wrong doing or because of something which we have omitted to do.

10.6. In the case of goods, you have a 7 day cooling off period, beginning the day after you receive the goods, to request a refund. You may also cancel your order at any time before you receive the goods. In these cases you will receive a full refund of the price paid for the goods.

10.7. To cancel your order, you must inform us in writing. You must also return the goods to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the goods whilst they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

10.8. When you return goods to us:

1. because you have cancelled the order before the 7 day cooling off period has elapsed (see clauses 10.6. and 10.7. above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the date you gave notice of your cancellation. In this case, we will refund the price of the goods in full, including the cost of sending the goods to you. However, you will be responsible for the cost of returning the goods to us.
2. for any other reason (for instance, because you claim that the goods are defective), we will examine the returned goods and will notify you of your refund via email within a reasonable period of time. We will process the refund due to you as soon as possible and, in any case, within 30 days of the date we confirmed to you via email that you were entitled to a refund for the defective goods. Goods returned by you because of a genuine defect will be refunded in full, including a refund of the delivery charges for sending the goods to you and the reasonable costs incurred by you in returning the goods to us.

10.9. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

10.10. Unless otherwise clearly stated, if you have paid a deposit and you have achieved the sponsorship requirement in the specified forms (online and cash) by the sponsorship deadline then you can request for your deposit to be refunded out of your cash sponsorship. Please read the Sponsorship Funded section within our Payment Policy for more details.

Restrictions

11.1. Restrictions are in place for several challenges. These include but are not limited to:

1. height;
2. weight;
3. ratio of height to weight also known as BMI (Body Mass Index);
4. age;
5. medical;
6. network;
7. gender.

11.2. You will be informed of all restrictions prior to you making a booking.

11.3. You confirm that none of the restrictions apply to you and that they will not apply to you at the time of your challenge.

11.4. Restrictions vary between challenges and challenge locations. Some restrictions prohibit certain individuals from taking part in certain challenges whilst other restrictions require individuals to take extra steps prior to their challenge. These extra steps could include, but are not limited to, medical approval from a doctor or a medical professional and/or parental approval from a parent or guardian. We are not liable or responsible for any costs associated with these or any other extra steps.

11.5. If we tell you that you need to take extra steps before you will be allowed to do a challenge, you agree that before the date of your challenge you will:

1. take all of those steps;
2. meet all costs and expenses associated with those steps;
3. provide us and your challenge location with any required evidence, declarations and/or consent.

11.6. Your challenge instructor(s) will be responsible for the final decision as to whether you are able to take part in the challenge. We are not responsible for the actions of the challenge instructor(s).

11.7. You must not be under the influence of intoxicating substances including alcohol or drugs at any point during any part of your challenge. Intoxicating substances must not be consumed on the day of your challenge.

11.8. You will not be permitted to take part in a challenge:

1. if you supply incorrect information at the time of booking;
2. if you are subject to any restrictions at the time of your challenge;
3. if you do not comply with clause 11.5. (taking necessary steps);
4. if your challenge instructor(s) decide that you are unable to take part in the challenge;
5. if you breach clause 11.6 (intoxicating substances);
6. in the case of sponsorship funded challenges, if you have failed to achieve the sponsorship requirement by the sponsorship deadline. Please read the Sponsorship Funded section within our Payment Policy for more details;
7. if you have breached these terms and the breach was serious enough to allow us to terminate your booking;
8. if you have breached our Registered User Terms and Conditions, and/or our General Terms of Website Use and/or our Payment Policy if a payment has been made, and the breach was serious enough to allow us to terminate our relationship with you.

11.9. If you are not permitted to take part in a challenge for the reasons set out in clauses 11.8.a. to 11.8.h. (inclusive) above then, without prejudice to our other rights, you will lose all monies you have already paid.

Participation

12.1. Further to clause 11, participation in our challenges is subject to the following conditions:

1. Selective Participation: participation in some of our challenges is subject to eligibility criteria which in some circumstances is competitive. You will be informed where such criteria are in place and you will be required to submit proof of eligibility including, but not limited to, answering eligibility questions. Your answers to these eligibility questions must be complete and accurate as they will be used to judge your eligibility for the challenge. The final decision with respect to your eligibility to participate in the challenge rests solely with the event administrators and organisers.
2. Groups: if you have made a booking for a challenge as part of a group then we will try to accomodate your booking as a group. However, in some circumstances it will not be possible for you to take part in the challenge at the same time as other members of your group and we do not offer any guarantees for such group participation. If 12.1.a. is binding then it may be the case that some of the members of your group do not meet the eligibility criteria for the challenge. In this case the membership of your group will be reducedd to those who have met the eligibility criteria.
3. Order: the order in which you or your group participates in a challenge rests solely with the event administrators and organisers and this may not be the order in which you made your booking.

   Risk And Insurance

   13.1. We take reasonable steps, where possible, to minimise the risks involved with the challenges available on our website. However, all of the challenges available on our website do involve some level of risk. Some challenges including, but not limited to, skydiving are classed as extreme sports and are inherently risky.

   13.2. Participation in challenges can involve a risk of injury or death regardless of the standard of training, supervision and quality of equipment used. You confirm that you understand and are willing to take the risks inherent in your challenge.

   13.3. From time to time we may issue additional safety warnings or guidance in connection with challenges. You must carefully read and comply with any such warnings or guidance.

   13.4. From time to time you will be given training in connection with challenges. If you do not understand the training or you do not feel adequately trained, you must immediately tell your challenge instructor of your concerns.

   13.5. Except in the case of skydiving, or where explicitly specified, insurance is not included or provided as part of your booking with us.

   13.6. If and when insurance of any kind for any challenge is included or provided, information regarding the full details and summaries of the insurance will be made available at the time of booking and will also be available on request.

   13.7. The insurance included or provided, if any, may not be suitable for you and so all participants are strongly advised to thoroughly read through the policy details and to take out extra cover where necessary.

   13.8. We are not an insurance broker or an appointed representative of an insurance broker and we do not underwrite any insurance included or provided as part of your booking.

   13.9. You are responsible for deciding whether or not to take out insurance against the risks associated with the challenge. We are not responsible for ensuring that you are adequately insured against those risks.

   13.10. Skydiving challenges include BPA 'Third Party Legal Liability' and 'Death and Critical Injury' Insurance. If you wish to take out any additional insurance policy or cover then this must be arranged by you and paid for by you prior to your challenge taking place.

   Our Liability

   14.1. Our liability for losses you suffer as a result of us breaking this contract including deliberate breaches is strictly limited to the monies you have paid to us in respect of the relevant challenge.

   14.2. We do not exclude or limit in any way our liability for:

   1. death or personal injury caused by our negligence;
   2. fraud or fraudulent misrepresentation;
   3. any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
   4. losses for which it is prohibited by the Consumer Protection Act 1987 to limit or exclude;
   5. for any matter for which it would be illegal for us to exclude or limit, or attempt to exclude or limit, our liability.

   14.3. Subject to clauses 14.2.a. to 14.2.e. (inclusive), we are not responsible for indirect losses which happen as a side effect of your main loss or damage, even if such losses result from a deliberate breach of this contract by us that would entitle you to terminate this contract. Such indirect losses include but are not limited to:

   1. wasted costs and expenses;
   2. loss of data;
   3. loss caused by waste of time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable provided that this clause 14.3 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 14.1 or any other claims for direct financial loss that are not excluded as above.

   Written Communications

   15.1. We will contact you by email or provide you with information by posting notices on our website.

   15.2. For contractual purposes, you agree to this electronic means of communication and you agree that all contracts, notices, information and other communications that we provide to you electronically are in writing. This condition does not affect your statutory rights.

   Notices

   16.1. All notices given to us must be given to Smith Ellison Ltd by post at 33 Poplar Close, Brandon Groves, South Ockendon, Essex, RM15 6TU, United Kingdom or by email at team@chooseachallenge.com.

   16.2. We may give notice to you at either the email or postal address you provide to us when making a booking, or in any of the ways specified in clauses 15.1. and 15.2.

   16.3. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or 3 days after the date of posting of any letter.

   16.4. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

   Transfer Of Rights And Obligations

   17.1. The contract between you and us is binding on you and us and on our respective successors and assigns.

   17.2. You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.

   17.3. We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.

   Events Outside Our Control

   18.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that are caused by events outside our reasonable control (force majeure event).

   18.2. A force majeure event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular, without limitation, the following:

   1. strikes, lock-outs or other industrial action;
   2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
   3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
   4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
   5. impossibility of the use of public or private telecommunications networks;
   6. the acts, decrees, legislation, regulations or restrictions of any government;
   7. adverse weather conditions including but not limited to rain, snow, hail, sleet, fog, low cloud, high or turbulent winds;
   8. any decision made by a challenge instructor that it is dangerous for you to participate in the challenge;
   9. failure by any third party challenge provider.

   18.3. Our obligations under these terms are suspended for the period that the force majeure event continues, and we will extend the time to perform these obligations for the duration of that period.

   18.4. We will take reasonable steps to limit the effects of the force majeure event or to find a solution by which our obligations under these terms can be performed despite the force majeure event.

   18.5. You are advised to contact the challenge location at which you are taking part in your challenge on the day of your challenge and prior to departure. You may be required to re-schedule your challenge with the challenge location for another time convenient to you and them. No further administration or booking fees will be payable in this situation. We are not responsible for any costs associated with re-scheduling your challenge.

   Waiver

   19.1. If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of a particular default shall not constitute a waiver of any other default. No waiver by us of any of these terms shall be effective unless it is expressly stated to be a waiver and is in writing.

   Severability

   20.1. If any terms, conditions or provisions of a contract are invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

   Entire Agreement

   21.1. These terms and any document expressly referred to in them are the entire agreement between you and us in relation to the booking and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

   21.2. We each acknowledge that, in entering into a contract, neither you or us have relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between you and us prior to such contract except as expressly stated in these terms.

   21.3. Neither you or us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms.

   Variations

   22.1. We have the right to revise and amend these Challenge Terms And Conditions from time to time without notice.

   22.2. You will be subject to the terms in force at the time that you make a booking except:

   1. where any change to these terms is required by law or governmental authority in which case it will apply to bookings previously placed by you;
   2. where we notify you of the change to these terms before we send you the booking confirmation (in which case we have the right to assume that you have accepted the change to the terms, unless you notify us to the contrary within 7 working days of receipt by you of the booking confirmation).

   22.3. If we change these Challenge Terms And Conditions then we will post a new version of them on our website.

   22.4. You are expected to check this page from time to time to take notice of any changes we have made, as they are binding on you.

   22.5. Details of the changes made to these Challenge Terms And Conditions will be available;

   1. within the Directors' Blog section of our website;
   2. within the Terms section of our website;
   3. if you are a registered user, within the Account section of our website.

   22.6. If you object to any new Challenge Terms And Conditions then you must file an objection immediately. You may file an objection by contacting us at team@chooseachallenge.com.

   22.7. Some of the provisions contained in these Challenge Terms And Conditions may also be superseded by provisions or notices published elsewhere on our website.

   Third Party Rights

   23.1. Charities, non-profit organisations, universities, companies, societies, challenge providers and any other entity with which we are affiliated have rights under the Contracts (Rights of Third Parties) Act 1999 to enforce or benefit from the protections and disclaimers set out in any of the terms of this contract.

   23.2 Other than as stated in clause 23.1, a person who is not a party to this contract has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce or benefit from any term of this contract but this does not affect any right or remedy of a third party which exists, or is available, apart from that Act.

   23.3. The rights of the parties to terminate, rescind or agree any variation, waiver or settlement of these terms is not subject to the consent of any person that is not a party to this contract.

   Law And Jurisdiction

   24.1. English law will apply to:

   1. these terms;
   2. any dispute or claim arising out of or in connection with our contract (including non-contractual disputes or claims).

   24.2. Any dispute or claim arising out of or in connection with our contract (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.